2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 43 - Support Matters Generally
4379 - Cooperation required.

     § 4379.  Cooperation required.
        In accordance with a child support plan approved by the
     Federal Government, the department shall have the power and its
     duty shall be to:
            (1)  Require as a condition of eligibility for assistance
        that an applicant or recipient:
                (i)  Furnish his or her Social Security account
            number or, to the extent permitted by Federal law, proof
            of making application for a Social Security account
            number if the applicant or recipient has no Social
            Security account number.
                (ii)  Assign to the department on forms provided by
            the department such support rights as the applicant or
            recipient may have individually or on behalf of any
            family member who is a part of the assistance group.
                (iii)  Cooperate with the department in establishing
            the paternity of a child with respect to whom assistance
            is claimed unless the department determines that the
            applicant or recipient has good cause for failing to do
            so.
                (iv)  Cooperate in obtaining support payments for
            such applicant or recipient and for a child with respect
            to whom such assistance is claimed or in obtaining any
            other payment or property due such applicant, recipient
            or such child unless the department determines that the
            applicant or recipient has good cause for failing to do
            so.
            (2)  Require cooperation in accordance with the
        following:
                (i)  Subject to Federal approval, only when
            necessary, cooperation shall include, but not be limited
            to, taking the following actions:
                    (A)  Identifying the parents of any child for
                whom assistance is sought or received, including
                appearing for scheduled genetic testing with the
                child and submitting to such testing.
                    (B)  Keeping scheduled appointments with the
                department or domestic relations section.
                    (C)  Providing truthful and accurate information
                and documents requested by the department or domestic
                relations section.
                    (D)  Signing and returning any forms requested by
                the department or domestic relations section.
                    (E)  Appearing as a witness and providing
                testimony at judicial and other hearings as requested
                by the domestic relations section.
                    (F)  Paying to the department any support payment
                received directly from an absent parent after an
                assignment of support has been made.
                (ii)  Failure of the mother to identify by name the
            father of a child shall create a presumption of
            noncooperation which may be rebutted only by clear and
            convincing evidence.
                (iii)  Subject to Federal approval, if the applicant
            or recipient provides the names of two putative fathers
            subsequently excluded from paternity by genetic testing,
            the second exclusion shall create a presumption of
            noncooperation, which may be rebutted only by clear and
            convincing evidence.

        Cross References.  Section 4379 is referred to in sections
     4373, 4380 of this title.